Topics
A to Z
Data &
 Statistics
Forms &
Publications
News &
Advisories
Licensing &
Certification
Rules &
Regulations
Public Health
Directory
Print this Article   Bookmark and Share
House Bill 2093 Implementation

House Bill 2093 is referred to in Public Health as the Vital Records Modernization bill. This bill reorganizes and updates Oregon vital records and vital statistics law. The bill is based on the 2011 Model State Vital Statistics Act, but as a model law, Oregon was free to make changes for state specific needs. The last model law revision was in 1992, which Oregon adopted portions of in 1997. Expectations and needs have changed in the last 20 years, including security (physical and technological), parentage, and privacy, as well as updating language to reflect electronic systems.

The Center for Health Statistics incorporated the suggestions of several agencies and organizations including the Oregon Funeral Directors’ Association, Basic Rights Oregon, Council of Local Health Officials, the Judicial Department, the State Archives, and genealogists.

About 80% of the bill reflects current law and practices. The remaining 20% updates our laws to account for changes in technology, security, and parentage. Oregon’s law previously did not address emerging areas such as electronic processes for registration and issuance of records, electronic and physical security of records, birth records when parents are the same gender, and current best practices regarding amendments to birth certificates following a court order of change of sex.

You may read the full text of the bill at the Oregon Legislature website. The finalized PDFOregon Administrative Rules pertaining to this legislation are also available.


On this page:




What Changed Under House Bill 2093?

The following chart provides a general overview of House Bill 2093 and its most significant contents. 

​Section ​Highlights ​Funeral
Directors
​Medical
Certifiers
​Birth Clerks/
Attendants
​County Vital
Records
​County
Clerks
​Courts ​Public
1 - Definitions​ Clarification and updates for electronic processes to current practices; expands medical certifiers to WA, CA and ID; certifier must have treated decedent within 1 year​ of death X​ X​ X​
4 - Duties of state registrar​ Strengthens authority of State Registrar; includes emergency planning; possible change for non-profits; must work with AAG​ X​
6 - State registrar activity​ ​Expressly authorizes current practices regarding security and fraud prevention
7 - County registrars​ Expressly requires county registrar to be government employee or limited to specific quasi-govt agency; some counties will need to reassign vital records​ X​
8 - Reports​ Expressly authorizes corroborating documentation; autopsy results to be reported within 5 days (ME)​ X​ X​
9 - Reports by institutions​ Strengthens & broadens who is required to keep records at time of admission; broadens monthly reports of events to births and ITOPs as well as deaths and fetal deaths​ X​
10 - Reports of live births​ Formalizes 'courtesy' birth records by hospitals and limits to hospitals; formalizes 'CHS registered' midwives; requirements for family attendants; clarifies who must be listed as mother; includes domestic partnership as parent​ X​
15 - Court ordered birth record​ Requires court clerk to forward order within five days​ X​
16 - Death and fetal death​ Requires use of EDRS if death occurs in hospital with more than 10 deaths per year; allows court order for presumed death that occurs outside Oregon; delayed deaths not automatic court order​ X​
​18 - Court order for death certificate Specifies content needed in order to create/register death certificate​ X​
​20 - Disposition Specifically authorizes disposition permit for non-reportable fetal death​ X​ X​ X​
​22 - Marriage ​CHS receives twice a month ​X
​24 - Delayed marriage Easier, with less documentation​ ​X
​25 - Divorce CHS receives twice a month instead of once, ten days after month ends​ X​
26 - Adoption​ CHS receives after 5 days instead of once a month​ X​
​29 - Amendments Clarifies when divorce amendment is required to be sent to CHS​ X​
​30 - New record Change of sex standard updated - surgery​ no longer explicitly required X​ X​
​32 - Preservation of vital records Formally recognizes need to preserve indefinitely and various formats; redact medical or health purposes to comply with law or rules​ X​
​33 - Exemption from disclosure Stronger requirements on release of data that match current processes​
34 - Death certificate in county recorder file​ County recorder cannot accept long form (medical cause of death info) for property transfer​ X​
​35 - Public records at county Adds domestic partnership​ X​
​36 - Certified copies Requires application even from funeral home (FH) on record; identification; eligibility of private investigator removed; FH limited to 2 years; stronger fraud prevention through applications; specifies audits to detect fraud potential​ X​ X​
​40 - Heirloom certificates No longer a legal certified copy​
​41 - Fees Free Veterans' copy with proof of application​ X​ X​ X​
44 - Penalties​ ​Civil penalties of up to $10,000 for violating vital records laws  X​ X​ X​ X​ X​ X​ X​
 

 



Timeline of Passage

Date and Legislative Body
(H)ouse or
(S)enate​
Action​
--​ Introduced and printed pursuant to House Rule 12.00. Presession filed at the request of Governor John A. Kitzhaber, M.D., for Oregon Health Authority.​
1-14 (H)​ First reading. Referred to Speaker's desk. ​
1-22 (H)*​ Referred to Health Care with subsequent referral to Ways and Means. ​
--​ Delay as bill is amended extensively.​
4-10 (H)​ Public Hearing and Work Session held. ​
4-15 (H)​ Recommendation: Do pass with amendments, be printed A-Engrossed, and subsequent referral to Ways and Means be rescinded. ​
4-15 (H)​ Subsequent referral to Ways and Means rescinded by order of the Speaker. ​
4-16 (H)​ Second reading. ​
4-17 (H)​ Third reading. Carried by Kennemer. Passed. Ayes, 60.​
4-18 (S)​ First reading. Referred to President's desk. ​
4-25 (S)​ Referred to Health Care and Human Services. ​
​5-9 (S) Public Hearing and Work Session held. ​
​5-15 (S) Recommendation: Do pass the A-Engrossed bill. ​
​5-16 (S) Second reading. ​
​5-16 (S) Motion to refer to Rules carried on voice vote. ​
​5-22 (S) Public Hearing and Work Session held. ​
5-24 (S)​ Recommendation: Do pass with amendments to the A-Engrossed bill. (Printed B-Engrossed.) ​
5-28 (S)​ Second reading. ​
5-29 (S)​ Third reading. Carried by Monnes Anderson. Passed. Ayes, 28; nays, 1--Boquist; excused, 1--Ferrioli.​
​6-4 (H) House concurred in Senate amendments and repassed bill. Ayes, 47; Nays, 10--Cameron, Freeman, Gilliam, Hanna, Olson, Sprenger, Thatcher, Weidner, Whisnant, Whitsett; Excused, 1--Hoyle; Excused for Business of the House, 2--Buckley, Speaker Kotek.​
​6-6 (H) Speaker signed. ​
​6-7 (S) President signed. ​
​6-13 Governor signed.​
​6-25 Chapter 366, (2013 Laws): Effective date June 13, 2013. ​



Rulemaking Process

The next step in our implementation of HB 2093 was to permanently amend the rules in chapter 333, division 11 pertaining to vital records to align with the new law (Oregon Laws 2013, chapter 366). The Center for Health Statistics collaborated with three Rule Advisory Committees (RAC) because of the quantity of rules and breadth of content in vital records.

PDFThe finalized rules are now available. They will be effective January 1, 2014.

Preliminary rulemaking proposals archive:

If you have any questions or would prefer a hardcopy of the preceeding documents, please call Karen Hampton at (971) 673-1191.